China Attempts to Stifle NGO Statement on Tibet Monday, September 29, 2008 1:03 AM
From: "Tibetan UN Advocacy"


Pls take note of this report.
best wishes,
Ngawang
----
China Attempts to Stifle NGO Statement on Tibet (Phayul)
September 15, 2008
http://www.tibet.ca/en/newsroom/wtn/4063

Phayul [Thursday, September 11, 2008]
Ngawang C. Drakmargyapon
Phayul Special Correspondent

United Nations, Geneva, 10 September - Ambassador Martin Ihoeghian
Uhomohbhi of Nigeria, the President of the UN Human Rights Council,
this morning overruled an attempt by a Chinese delegate to interrupt a
statement on Tibet by a German NGO. A member of Society for Threatened
Peoples was speaking with reference to the response given by the
Chinese authorities to three human rights experts of the Council,
including the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people on the "alleged severe
impact of resettlement programs and forced evictions that are
currently being implemented in Tibetan areas of the People's Republic
of China (PRC)."

The Ninth Session of the Human Rights Council was having an
interactive dialogue on the report submitted to the body by Prof.
James Anaya, the Special Rapporteur on the situation of human rights
of indigenous peoples. In an addendum to his report called "summary of
cases transmitted to Governments and replies received", the Special
Rapporteur detailed the 3 October 2007 communication to the Chinese
authorities stating: "It was alleged that tens of thousands of
Tibetans are being negatively affected by nomad settlement and
resettlement, land confiscation and fencing policies, which are mainly
implemented in Golok (Guoluo) and Yushu districts of Qinghai province,
but also in the Tibet Autonomous Region (TAR) and other provinces that
have large Tibetan populations, including Gansu, Sichuan and Yunnan.
It was reported that these policies have had a very adverse impact on
the traditional lifestyles and living patterns in Tibetan areas,
affecting directly the fabric of traditional Tibetan life and
devastating the economy of these communities. The implementation of
these policies contributes to the challenges that Tibetan cultural and
religious identity face today."

To this communication which was joined by the Special Rapporteur
Special Rapporteur on adequate housing and the Special Rapporteur on
the right to food, China responded on 21 December 2007 claiming "...a
series of projects for the benefit of the people in the Tibetan
Autonomous Region (TAR) have been carried out. These projects support
and encourage the rapid development of Tibetan economy and society,
regenerate and strengthen agricultural and pastoral lands, and improve
living and economic conditions of farmers and pastoralists. The
Government stressed that, at the same time, it has paid attention to
and respected the thoughts of the Tibetan people and supported their
traditional lives, customs, and culture. The Government noted that it
has received widespread support and favorable comments about the
projects from the farmers and pastoralists."

The statement by Society for Threatened Peoples delivered by Tenzin S.
Kayta while welcoming China's response alerted the Council that the
NGO "believe the issue of consent of the Tibetans involved is
fundamental ... given the human rights crisis prevailing on the
Tibetan Plateau, an independent analysis here would be impossible."

The three-minute statement added: "However, a documentary called,
"Dispatches-Undercover in Tibet" released this year by Channel 4
British Television revealed that "the nomadic way of life being
forcefully wiped out as native Tibetans are stripped of their land and
livestock and are being resettled in concrete camps."

A representative of the Chinese delegation reasoned that the NGO
statement was not relevant to the topic under discussion in the
Council to which the Council President ruled that the statement was in
order when he even read the first paragraph of the NGO statement. The
Chinese delegate then asserted that "Tibet was a part of China and
Tibetan people are one of 56 ethnic groups of China" while rejecting
notion of the existence of indigenous people in present-day China. "We
don't have indigenous people", the Chinese delegate claimed.

Society for Threatened Peoples intervention also informed the Council
about the interview given to the British TV documentary in which a
Tibetan evicted from his grasslands says: "Life here is incredibly
hard. People are suffering from hunger and hardship. They have no jobs
and they have no food...no land. The only way they can fill their
empty stomachs is by stealing. Nobody wanted to move here. But if you
ask questions dressed like a Chinese, they won't dare to tell you the
truth. They will only have good things to say because we live in
terror...Its just like living through the Cultural Revolution.
Everybody is so depressed, they look awful, their faces have become
pale, and their eyes are sunken. Everyone is afraid of speaking the
truth. I could be arrested tomorrow if they knew what I've just said."

After studying China's response, the Special Rapporteur on the
situation of indigenous peoples, observes that he "will continue to
closely monitor the situation and called on China "to take the
necessary measures to ensure that the development projects referred to
do not infringe the human rights of the people affected and that any
such adverse impacts be remedied promptly."

Responding to China's position that there are no indigenous people in
China, Prof. Anaya stated that while he understands the
"sensitivities" that many States have on the issue on the coverage of
the term indigenous peoples. However, he encouraged "a human
rights-based approach, one which looks to the particular issues
involved and the human rights dimensions of those issues." He added:
"I see issues that are common to indigenous peoples throughout the
world and the focus that I will be advancing is one on those
particular issues on the human rights dimensions of them as I believe
my predecessor did in his communication on the situation of Tibetans
in China."

Society for Threatened Peoples urged "to closely monitor the situation
in Tibet, including by seeking a fact-finding mission to ascertain the
fate Tibetans evicted from their ancestral lands."

On Monday, the Ninth Session of the Council heard a statement from the
new High High Commissioner for Human Rights, Ms. Navanethem Pillay who
said: "Genocide is the ultimate form of discrimination ...We must all
do everything in our power to prevent it. What I learned as a judge on
the Rwanda Tribunal about the way in which one human being can abuse
another, will haunt me forever."

Webcast Archive of the Debate:
http://www.un.org/webcast/unhrc/archive.asp?go=009#am

- end -

Statement of Society for Threatened Peoples
General Assembly
HUMAN RIGHTS COUNCIL
Ninth Session
Agenda Item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS
Interactive Dialogue: Report of the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous
people, S. James Anaya- Summary of
cases transmitted to Governments and replies received (A/HRC/9/9/Add. 1)

Statement by Society for Threatened Peoples, delivered by Mr. Tenzin S. KAYTA
Thank you, Mr. President.
We make this comment with regard to the 3 October 2007 joint
communication to China by the Special Rapporteur on the situation of
human rights of indigenous peoples, the Special Rapporteur on adequate
housing and the Special
Rapporteur on the right to food, on the "alleged severe impact of
resettlement programs and forced evictions that are currently being
implemented in Tibetan areas of the People's Republic of China
(PRC)."

While welcoming China's response on this matter, we believe the issue
of consent of the Tibetans involved is fundamental. And, given the
human rights crisis prevailing on the Tibetan Plateau, an independent
analysis here would be impossible. However, a documentary called,
"Dispatches-Undercover in Tibet" released this year by Channel 4
British Television revealed that "the nomadic way of life being
forcefully wiped out as native Tibetans are stripped of their land and
livestock and are being resettled in concrete camps."

This documentary hears a Tibetan who volunteered to be interviewed.
In this interview, the Tibetan says the following: "Life here is
incredibly hard. People are suffering from hunger and hardship. They
have no jobs and they have no food...no land. The only way they can
fill their empty stomachs is by stealing. Nobody wanted to move here.
But if you ask questions dressed like a Chinese, they won't dare to
tell you the truth. They will only have good things to say because we
live in terror...Its just like living through the Cultural Revolution.
Everybody is so depressed, they look awful, their faces have become
pale, and their eyes are sunken. Everyone is afraid of speaking the
truth. I could be arrested tomorrow if they knew what I've just said."

Mr. President, recently the Chinese authorities announced
that in the next five years 73,000 Tibetan nomads will be moved in the
Gannan (Tib: Kanlho) "Tibetan Autonomous Prefecture" ('TAP'), a region
where Tibetans were in the forefront of the Spring Uprising on the
Tibetan Plateau.

Given this alarming development in the Land of Snows, we urge the
Special Rapporteur to closely monitor the situation
in Tibet, including by seeking a fact-finding mission to ascertain the
fate Tibetans evicted from their ancestral lands.

I thank you, Mr. President.
-----

Full text of the Communication between the Special Rapporteurs and
China:
http://daccessdds.un.org/doc/UNDOC/GEN/G08/150/81/PDF/G0815081.pdf?...


The People's Republic of China

Allegation letter regarding alleged resettlement programs implemented
in the Tibetan areas of the People's Republic of China

396. On 3 October 2007, the Special Rapporteur joined with the Special
Rapporteur on adequate housing as a component of the right to an
adequate standard of living and the Special Rapporteur on the right to
food to bring to the Government's attention information received
regarding the alleged severe impact of resettlement programs and
forced evictions that are currently being implemented in Tibetan areas
of the People's Republic of China (PRC). 397. It was alleged that tens
of thousands of Tibetans are being negatively affected by nomad
settlement and resettlement, land confiscation and fencing policies,
which are mainly implemented in Golok (Guoluo) and Yushu districts of
Qinghai province, but also in the Tibet Autonomous Region (TAR) and
other provinces that have large Tibetan populations, including Gansu,
Sichuan and Yunnan. It was reported that these policies have had a
very adverse impact on the traditional lifestyles and living patterns
in Tibetan areas, affecting directly the fabric of traditional Tibetan
life and devastating the economy of these communities. The
implementation of these policies contributes to the challenges that
Tibetan cultural and religious identity face today.

398. The reports received indicated that in many rural areas,
inhabitants are evicted from their homes and forced to move into newly
built, Chinese-style dwellings as a result of infrastructure projects,
mining activities and hydropower projects. The government policies
reportedly also include the forced resettlement of herders, who have
been required to slaughter most of their livestock and move into newly
built housing colonies or near towns, abandoning their traditional
livelihoods and way of life. In addition, it was reported that both
farmers and herders are told to take grassland and farmland in
particular out of production in return for a guaranteed 10-year grain
subsidy.

399. The allegations received claim that displacement and forced
resettlement resulted in hardship and lower standard of living for
many herders and their families. According to these allegations, in
certain areas with a usual holding of up to a hundred or more yaks,
sheep and goats per household member, a limit of five livestock per
household member has
now been enforced and the exceeding stock has to be
slaughtered or allowed to die. In addition, it was reported that for
one yak over the limit allowed, herders have to pay a fine of about
1,000 yuan (USD 130).

400. An estimated 2.25 million herders live with their herds in the
Northern and Eastern regions of the Plateau. Although they have
reportedly a unique way of life, adapted to a harsh and challenging
environment and reflected in their beliefs, attitudes and habits, from
the official point of view, it was reported that subsistence herders
are seen as destitute and any measures taken to provide them with
better access to cash economy, road network or urban housing is seen
as an improvement. According to the information received, a number of
public policies have affected herders' ability to maintain their
livelihoods and usual access to food over the past 50 years.

401. Reportedly, since the most recent launch in 2003 of the
"ecological migration policies," the provincial government of Qinghai
resettled 28,000 people and constructed 14 "migrant urban districts."
Moreover, in 2005, Du Ping, director of the Western Development Office
under the State Council, China's cabinet, stated that 700,000 people
in western China had been resettled since 2000 because it was "the
most effective way to restore land to a healthy state."

402. The current government policies were reportedly geared to
introduce the affected populations into the urban economy for their
benefit, but allegedly often resulted in greater impoverishment,
dislocation and marginalization in the new communities. Housing
opportunities and cash or food handouts are often offered in return
for compliance with the policies, but allegedly the proposed
compensations are not honored in a timely way and may create
dependency.

403. The Special Rapporteurs emphasized that although in certain areas
the environmental arguments for relocation may be compelling,
authorities remain obligated to respect herders' right to an adequate
standard of living, including adequate food, housing access to
essential services and economic opportunities, as well as culturally
adequate conditions in the new location. Although national legislation
requires that those who are to be moved out from their land or to have
their property confiscated must be consulted and eventually
compensated for their losses and Articles 41 and 111 of China's
Constitution guarantee the right to consultation as does the 1989
Administrative Procedure Law, it was alleged that when relocation
decisions are made, there is a lack of due process, including
transparency, consultation in advance of planned relocations, and the
right to challenge proposed relocations before an independent arbiter.

Response of Government

404. In a letter dated 21 December 2007, the People's Republic of
China stated that, in recent years, a series of projects for the
benefit of the people in the Tibetan Autonomous Region (TAR) have been
carried out. These projects support and encourage the rapid
development of Tibetan economy and society, regenerate and strengthen
agricultural and pastoral lands, and improve living and economic
conditions of farmers and pastoralists. The Government stressed that,
at the same time, it has paid attention to and respected the thoughts
of the Tibetan people and supported their traditional lives, customs,
and culture. The Government noted that it has received widespread
support and favorable comments about the projects from the farmers and
pastoralists.

405. Regarding the projects for settlements of the farmers and
pastoralists, the Government noted that because of economic
constraints and the harsh environment, the dwellings of the farmers
and pastoralists are simple and crude. The rooms are small and dark,
people live together with farm animals, and the structures are old and
dangerous. The Government stated that improving the conditions of
their houses and the quality of their lives is the urgent wish of the
farmers and pastoralists. In 2003, the TAR began transforming the
housing of farmers, settling wandering pastoralists, and relocating
the poor. The Government noted that it has worked hard over the past
five years, resulting in the whole area of farmers and herders to have
safer and better housing. Of these projects, 80% have been on-site
transformations and 20% involved settling nomadic herdsman.

406. The Government stressed that all decisions at all stages of the
projects are made together with the farmers and pastoralists,
including whether or not new housing is built, whether or not they are
resettled, and the kinds of housing that is built.

407. In order to bring about widespread enthusiasm of the farmers and
pastoralists for the projects, the TAR has provided a subsidy of
10,000 to 25,000 Yuan (RMB) for every household. In the past two years
the housing subsidies totaled 13.16 million Yuan and 107,000 safe,
usable, spacious, and bright new houses for over 550,000 farmers have
been constructed.

408. Regarding the projects to covert farmland to forest, return the
pastures to grasslands, and the establishment and preservation of the
environment, according to the Government, since 2003, the TAR has been
implementing projects to convert farmland to forest within the Yangzi
(Yangtze) basin. By June 2007, already 242,900 square mu (1 mu = 1/6
acre) had been converted to forest. In 2004, the TAR initiated
projects to return pastures to grasslands. Today, already 2,630,000 mu
of land have been converted, at a cost of 7.3 million Yuan. This has
greatly improved the environmental conditions in the TAR.

409. Regarding the development of water and electricity, the
Government stated that the natural resource of waterpower in the TAR
is extremely abundant. Developing water and electricity is one of the
important benefits that the Government is bringing directly the
Tibetan society and people.

410. With respect to the situation in Qinghai Province, the Government
stated regarding the projects concerning returning pastures to
grasslands and returning farmland to forests that the elevation of the
Qinghai and Tibetan plateau is roughly 4000 meters above sea level.
The area is extremely cold and there are many natural problems. The
conditions where the Qinghai and Tibetan people live are hard. In the
past forty years, because of global warming and effects harmful human
activity, the Three Rivers plateau area has had a severe depletion of
grasslands, a loss of water and soil, changes in the conditions of
water, and problems of habitats of all kinds of animals.

411. Currently the Three Rivers Plateau has a population of 700,000
and there are an estimated 22,000,000 sheep. In order to effectively
protect the ecology of the Three Rivers plateau area and to improve
the lives of the people, in 2002 China began projects to restore the
grasslands and the natural environment. The Government emphasized that
although many people were relocated to save the grasslands, no one was
forced. The resettlement process always involved careful consideration
of the individuals affected.

412. The Government invested money to establish water, electricity,
roads, education, medicine, radio, and other needs to the people that
were relocated into cities and towns. The Government encouraged the
relocated herdsman to start their own businesses. The Government also
invested money to help the lives and the production activities of the
herdsman that stayed on the grasslands.

413. With respect to the establishment of medium and large-scale
projects in water and electricity, and establishing the
water-conservancy project, the Government informed that, since the
1980s, many water and electricity projects have been established along
the Yellow River areas in Qinghai, with many beneficial results for
preventing floods, developing electricity, and irrigation. Today,
there are nine hydroelectric projects underway or being developed in
Qinghai province. This has resulted in the resettlement of some
herdsmen. In
order to protect the rights and interests of the moved people and
ensure the smooth implementation of the projects, Qinghai province has
implemented a series of beneficial policies for the relocated
herdsmen, including providing them with compensation, subsidies and
ongoing support, allowing the lives of the relocated herdsmen to
exceed their original level.

414. The Government concluded by saying that the Tibetans are one of
the 55 minorities living in Sichuan, Yunnan, Gansu, Qinghai, and
Tibet.

Observations

415. The Special Rapporteur thanks the Government of the People's
Republic of China for the detailed response to the questions and
concerns raised by the Special Rapporteurs. He will continue to
closely monitor the situation and calls on the Government to take the
necessary measures to ensure that the development projects referred to
do not infringe the human rights of the people affected and that any
such adverse impacts be remedied promptly.

Views: 13

Reply to This

Latest Activity

Lucy Williams updated their profile
Jul 5, 2023
Sandra Gutierrez Alvez updated their profile
Oct 1, 2022
DallasBoardley updated their profile
Feb 8, 2022
RADIOAPOLLON1242 AIGOKEROS PANOS updated their profile
Feb 2, 2022
Shefqet Avdush Emini updated their profile
Jul 2, 2021
Ralph Corbin updated their profile
Jun 25, 2021
Marques De Valia updated their profile
Mar 24, 2021
SSEAYP - South-East Asian Youth liked David Califa's discussion Flash Banners Here
Feb 29, 2020

© 2024   Created by David Califa. Managed by Eyal Raviv.   Powered by

Badges  |  Report an Issue  |  Terms of Service